HomeMy WebLinkAboutResolution - 2010-R0319 - Special Warranty Deed W/Regional Mental Health And Mental Retardation Center - 07/08/2010Resolution No. 2010-RO319
July 8, 2010
Item No. 5.10
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Special Warranty Deed
between the City of Lubbock and the Lubbock Regional Mental Health and Mental
Retardation Center, and any other related documents. Said Special Warranty Deed is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this July 8, 2010
ATTEST:
Reber a Garza, City Secretary 0
APPROVED AS TO CONTENT:
Marsha eed, P. E., Chief Operating Officer
Aubrey Spear
APPROVED AS TO FORM:
J,elrla,• •�
TOM MARTIN, MAYOR
;r Utilities
r'
_ n
Amy L. a 'Assista i Attorne
IMHMR SWD.res6 3 10
Resolution No. 2010-RO319
SPECIAL WARRANTY DEED
Notice of confidentiality rights: If you are a natural person, you may remove or
strike any or all of the following information from any instrument that transfers an
interest in real property before it is filed for record in the public records: your
Social Security number or your driver's license number.
DATE: July 8th 2010.
GRANTOR: CITY OF LUBBOCK, TEXAS
GRANTOR'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Texas 79457
GRANTEE: LUBBOCK REGIONAL MENTAL HEALTH MENTAL
RETARDATION CENTER, an agency of the State of Texas
GRANTEE'S MAILING ADDRESS:
P.O. Box 2828
Lubbock, Texas 79408
CONSIDERATION:
This conveyance is made and accepted pursuant to Section 534.018 and Section
534.019 of the Texas Health and Safety Code and Article 9, Section 13 of the Texas
Constitution. The property conveyed herein shall fulfill the public purpose of providing
health and/or human services.
As further consideration, Grantee agrees that any proceeds from the future sale of
the Property shall be utilized for a public purpose; this portion of the consideration shall
be a mutual agreement between the parties and shall in no way be deemed a covenant that
is attached to the Property and shall not be binding on future owners of the Property.
Special Warranty Deed Page I of 8
PROPERTY:
The Surface Estate only of those certain lands described on Exhibit "A", attached
hereto.
RESERVATIONS FROM CONVEYANCE:
(a) The Grantor herein reserves for itself, and Grantor's successors and
assigns an easement and right-of-way on, over, in, under, along, and across the Property
for the purposes of installing, constructing, inspecting, operating, maintaining, repairing,
removing, and replacing pipelines, electric transmission and communication lines and
conduits, pumps, monitor wells, water wells, well sites, machinery, equipment, personal
property, roads, gates, erosion control structures, and all other necessary and desirable
appurtenances, facilities, and structures related thereto, as may be necessary or desirable
in connection with the exploration, monitoring, drilling, extraction, capturing, production,
transportation, storage and other utilization of the Groundwater on and from the Property,
together with the rights of ingress and egress over, under, upon and across the Property to
engage in such activities as may be necessary, requisite, convenient or appropriate in
connection with the foregoing.
(b) The Grantor herein reserves for itself, and Grantor's successors and
assigns and the public, a perpetual and permanent utility easement and the free and
uninterrupted use and liberty of passage in, on, along, over, upon, under, and across all of
the Easement Property (herein so called) being described on Exhibit "B", together with
the rights of ingress, egress and regress at any and all times to accomplish the following
purposes: allowing, but not limited to, constructing, reconstructing, repairing and
perpetually maintaining any and all types of water lines, sewer lines, gas pipe lines,
Special Warranty Deed Page 2 of 8
telephone and telegraph lines, electric distribution and transmission lines and any other
type of public utility, whether named herein or not, which easement includes at all times
and seasons the right of ingress, egress and regress of motor vehicles and personnel
engaged in such construction, maintenance, reconstruction and repairing or the reading of
meters.
Further, it is hereby covenanted and agreed that buildings and/or permanent
structures of any kind, including without limitation, fences, shall not be erected, built,
constructed or allowed to be erected, built or constructed in, upon, over, along or across
all or any of the Easement Property described on Exhibit "B", and if such erection,
building or construction does occur in violation of this prohibition, the Grantor shall have
the right to remove, without liability and at the expense of Grantee, and/or Grantee's
successor and assigns, said building or structure from the Easement Property.
(c) The Grantor herein reserves for itself, and Grantor's successors and
assigns and the public, a perpetual and permanent stormwater storage and impoundment
easement and the right to utilize the surface of the Property for the exercise of such rights
and easements, including rights of ingress and egress over, across, and under the
Property. Grantee agrees that it shall obtain any and all required permits in the
development of the Property and shall grant the permanent stormwater storage and
impoundment easement in accordance with the planning, zoning, dedication and platting
process designations as required by federal, state and local law and the City of Lubbock
Planning Department.
Special Warranty Deed Page 3 of 8
(d) The Grantor reserves for itself, and Grantor's successors and assigns, all
of the oil, gas and other minerals in, on, under and that may be produced from the
Property.
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Validly existing easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded and validly existing restrictions, reservations,
covenants, conditions, oil and gas leases, mineral and/or royalty interests, and water
interests, and other instruments, that may affect the Property; any discrepancies, conflicts,
or shortages in area or boundary lines; any encroachments or overlapping of
improvements; and taxes for 2009.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, REGARDING THE
VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE
PROPERTY AND/OR MATERIALS OR SUBSTANCES CONTAINED OR
LOCATED IN, ON OR UNDER THE PROPERTY, MERCHANTABILITY OR
FITNESS FOR PURPOSE OR SUITABILITY OF ANY OF THE PROPERTY. Grantee
further acknowledges that, in accepting this Special Warranty Deed, it has relied solely
upon its independent evaluation and examination of the Property, and public records
relating to the Property and the independent estimates, computations, evaluations and
studies based thereon. Grantor makes no warranty or representation as to the accuracy,
completeness or usefulness of any information furnished to Grantee, if any, whether
furnished by Grantor or any other third party. Grantor, its officers, employees, elected
officials, independent contractors, and agents assume no liability for the accuracy,
Special Warranty Deed Page 4 of 8
completeness or usefulness of any material furnished by Grantor, if any, or any of its
officers, employees, elected officials, independent contractors and/or agents, and/or any
other person or party, if any. Reliance on any material so furnished shall not give rise to
any cause, claim or action against Grantor, its officers, employees, elected officials,
independent contractors and/or agents, and any such reliance shall be at Grantee's sole
risk.
Further, Grantee agrees that Grantee and Grantee's heirs, successors, and assigns
shall not utilize any or all of the underground water, percolating water, artesian water,
and any other water from any and all depths and reservoirs, formations, depths and
horizons beneath the surface of the Property, now or in the future located in, on, or under
the Property (the "Groundwater") for any potable or drinking water purposes until such
time as the following requirements are met:
1. The Groundwater is fully and properly tested by a laboratory licensed and
certified to test drinking water standards and such tests conclusively demonstrate
that the Groundwater meets or exceeds all federal, state and local standards and
regulations relating to Drinking Water Quality; and
2. Grantee and Grantee's heirs, successors, and assigns have obtained the necessary
licenses and permits to serve as a public water supply provider in accordance with
the laws and regulations of the State of Texas.
Grantee further agrees that Grantee and Grantee's heirs, successors, and assigns
may utilize the Groundwater for irrigation purposes only if Grantee and Grantee's heirs,
successors, and assigns places appropriate signage warning against any and all potable
usage and consumption of the Groundwater. Such signage shall be in a form and content
Special Warranty Deed Page 5 of 8
as approved by Grantor and shall remain posted until such time the Groundwater meets
the standards and quality as stated above.
THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS",
"AS IS", AND "WITH ALL FAULTS" BASIS, REGARDING THE DESCRIPTION,
PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR
MATERIALS OR SUBSTANCES CONTAINED OR LOCATED IN, ON OR UNDER
THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE OR SUITABILITY,
MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the
condition, quality and extent of the property which comprise the Property it is receiving
pursuant to this Special Warranty Deed.
REPRESENTATIONS AND WARRANTIES OF GRANTEE:
Grantee expressly acknowledges that the Property has been historically utilized
for the land application of treated sewage effluent. As a result, certain contamination
may exist on, in or under the Property and the Property may not be suitable for all
purposes and uses. Grantee represents and warrants to Grantor that it has made a
thorough and complete independent inspection and evaluation of the Property and the
title to same and acknowledges that Grantor has made no statements or representations
concerning the present or future value of the Property, the state of title of the Property,
the condition, including the environmental condition of the Property, or the anticipated
income, costs, or profits, if any, to be derived from the Property.
Grantor, for the Consideration and subject to the Reservations from Conveyance
and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee
Special Warranty Deed Page 6 of 8
the Property, together with all and singular the rights and appurtenances thereto in any
way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and
assigns forever. Grantor binds Grantor and Grantor's successors to warrant and forever
defend all and singular the Property to Grantee and Grantee's heirs, successors, and
assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof when the claim is by, through, or under Grantor but not otherwise, except as
to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
EXECUTED THIS
8th
STATE OF TEXAS §
COUNTY OF LUBBOCK §
day of July , 2010.
GRANTOR:
CITY OF LUBBOCK
TOM MARTIN, MAYOR
This instrument was acknowledged before me on by TOM MARTIN, as Mayor
of the CITY OF LUBBOCK.
Fo""'hELISA
SANCHEZ
Notary Public, State of Texas
My commission Expires 11 072011
ATTEST:
Rebe a Garza, City Secretary
Notary Public in and for the tate of Texas
My Commission Expires: 11-0'1 2)l I
Special Warranty Deed Page 7 of 8
APPROVED AS TO CONTENT:
arsha Reed, P. E., Chief Operating Officer
Aubrey Spear, V9., qrrector of Water Utilities
APPROVED AS TO FORM:
7
t
AmyL. �Sims, s ity Attorney
GRANTEE:
LUBBOCK REGIONAL MENTAL HEALTH
MENTAL RETARDATION CENTER, an agency
of the State of Texas
By: —
Name:
Title: C i.p
STATE OF TEXAS
COUNTY OF LUBBOCK
This ins,trument was acknowledged before a on �fit! 2010, by
l '�t� �; 4,+. It M as /fi Y of the LUBBOCK
MENTAL HEALTH MENTAL RETARDATION ftNTER, an agency of the State of
Texas.
CAW LLE D. WALKER
Notary POW, Stataof Texas
My cuff issioart Expires 8.27-2012
SWDeed-UtilityEasement.Lubbock Regional MHMR6.3.10
J�ltd) A � lmdk"'�
r
Notary Public, State of Texas
My commission expires
Special Wartanty Deed Page 8 of 8
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SAC& ENGINEERING
SURVEYING
2737 81ST STREET LUBBOCK, TEXAS 79423
(806) 745-7670
Resolution No. 2010-RO319
9
"Count on it"
FIELD NOTES on a 1.630 Acre Tract out of Section 3, Block B, Lubbock County, Texas being
further described by metes and bounds as follows:
BEGINNING at a set 1/2" rod with cap marked RPLS 4460 in the East line of Section 3 for the
most Easterly Northeast corner of this tract from which a found rod with yellow cap in the South
line of East 19th Street and the East line of Section 3, having Texas North Central Zone
Coordinates of North:7272793.55, East:963270.26, bears N 010 48' 19" E, (Texas North Central
Zone Bearing Basis) 126.53 feet, said found rod and cap being called to bear S 00 01' 22" W, 30
feet from the Northeast corner of Section 3;
THENCE S 01 °48'19" W, along the East line of Section 3, in all 1775.38 feet to a found 3/8" iron
rod for the Southeast corner of this tract;
THENCE N 88013'15" W, along the North line of the City of Lubbock Park tract recorded in
Volume 1308, Page 129, Lubbock County Deed Records, 40.0 feet to a set 1/2" rod with orange
cap marked RPLS 4460 for the Southwest corner of this tract;
THENCE N 01 048'19" E, 1775.37 feet to the Northwest corner of this tract;
THENCE S 88013'44" E, 40 feet to the Place of Beginning and containing 1.630 Acres including
Thebe notes are based on a survey made on the ground.
J. M. Cieszinski
RPLS # 4460
July 30, 2008
EXHIBIT B
J � ° IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEED 201002450
�� File and Return to 10 PGS
` Dave Booher R.O.W.
City of Lubbock
SPECIAL WARRANTY DEED
Notice of confidentiality rights: If you are a natural person, you may remove or
strike any or all of the following information from any instrument that transfers an
interest in real property before it is filed for record in the public records: your
Social Security number or your driver's license number.
DATE: July 8t 2010.
GRANTOR: CITY OF LUBBOCK, TEXAS
GRANTOR'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Texas 79457
GRANTEE: LUBBOCK REGIONAL MENTAL HEALTH MENTAL
RETARDATION CENTER, an agency of the State of Texas
GRANTEE'S MAILING ADDRESS:
P.O. Box 2828
Lubbock, Texas 79408
CONSIDERATION:
This conveyance is made and accepted pursuant to Section 534.018 and Section
534.019 of the Texas Health and Safety Code and Article 9, Section 13 of the Texas
Constitution. The property conveyed herein shall fulfill the public purpose of providing
health and/or human services.
As further consideration, Grantee agrees that any proceeds from the future sale of
the Property shall be utilized for a public purpose; this portion of the consideration shall
be a mutual agreement between the parties and shall in no way be deemed a covenant that
is attached to the Property and shall not be binding on future owners of the Property.
Special Warranty Deed Page I of 8
PROPERTY:
The Surface Estate only of those certain lands described on Exhibit "A", attached
hereto.
RESERVATIONS FROM CONVEYANCE:
(a) The Grantor herein reserves for itself, and Grantor's successors and
assigns an easement and right-of-way on, over, in, under, along, and across the Property
for the purposes of installing, constructing, inspecting, operating, maintaining, repairing,
removing, and replacing pipelines, electric transmission and communication lines and
conduits, pumps, monitor wells, water wells, well sites, machinery, equipment, personal
property, roads, gates, erosion control structures, and all other necessary and desirable
appurtenances, facilities, and structures related thereto, as may be necessary or desirable
in connection with the exploration, monitoring, drilling, extraction, capturing, production,
transportation, storage and other utilization of the Groundwater on and from the Property,
together with the rights of ingress and egress over, under, upon and across the Property to
engage in such activities as may be necessary, requisite, convenient or appropriate in
connection with the foregoing.
(b) The Grantor herein reserves for itself, and Grantor's successors and
assigns and the public, a perpetual and permanent utility easement and the free and
uninterrupted use and liberty of passage in, on, along, over, upon, under, and across all of
the Easement Property (herein so called) being described on Exhibit "B", together with
the rights of ingress, egress and regress at any and all times to accomplish the following
purposes: allowing, but not limited to, constructing, reconstructing, repairing and
perpetually maintaining any and all types of water lines, sewer lines, gas pipe lines,
Special Warranty Deed Page 2 of 8
telephone and telegraph lines, electric distribution and transmission lines and any other
type of public utility, whether named herein or not, which easement includes at all times
and seasons the right of ingress, egress and regress of motor vehicles and personnel
engaged in such construction, maintenance, reconstruction and repairing or the reading of
meters.
Further, it is hereby covenanted and agreed that buildings and/or permanent
structures of any kind, including without limitation, fences, shall not be erected, built,
constructed or allowed to be erected, built or constructed in, upon, over, along or across
all or any of the Easement Property described on Exhibit `B", and if such erection,
building or construction does occur in violation of this prohibition, the Grantor shall have
the right to remove, without liability and at the expense of Grantee, and/or Grantee's
successor and assigns, said building or structure from the Easement Property.
(c) The Grantor herein reserves for itself, and Grantor's successors and
assigns and the public, a perpetual and permanent stormwater storage and impoundment
easement and the right to utilize the surface of the Property for the exercise of such rights
and easements, including rights of ingress and egress over, across, and under the
Property. Grantee agrees that it shall obtain any and all required permits in the
development of the Property and shall grant the permanent stormwater storage and
impoundment easement in accordance with the planning, zoning, dedication and platting
process designations as required by federal, state and local law and the City of Lubbock
Planning Department.
Special Warranty Deed Page 3 of 8
(d) The Grantor reserves for itself, and Grantor's successors and assigns, all
of the oil, gas and other minerals in, on, under and that may be produced from the
Property.
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Validly existing easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded and validly existing restrictions, reservations,
covenants, conditions, oil and gas leases, mineral and/or royalty interests, and water
interests, and other instruments, that may affect the Property; any discrepancies, conflicts,
or shortages in area or boundary lines; any encroachments or overlapping of
improvements; and taxes for 2009.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, REGARDING THE
VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE
PROPERTY AND/OR MATERIALS OR SUBSTANCES CONTAINED OR
LOCATED IN, ON OR UNDER THE PROPERTY, MERCHANTABILITY OR
FITNESS FOR PURPOSE OR SUITABILITY OF ANY OF THE PROPERTY. Grantee
further acknowledges that, in accepting this Special Warranty Deed, it has relied solely
upon its independent evaluation and examination of the Property, and public records
relating to the Property and the independent estimates, computations, evaluations and
studies based thereon. Grantor makes no warranty or representation as to the accuracy,
completeness or usefulness of any information furnished to Grantee, if any, whether
furnished by Grantor or any other third party. Grantor, its officers, employees, elected
officials, independent contractors, and agents assume no liability for the accuracy,
Special Warranty Deed Page 4 of 8
completeness or usefulness of any material furnished by Grantor, if any, or any of its
officers, employees, elected officials, independent contractors and/or agents, and/or any
other person or party, if any. Reliance on any material so furnished shall not give rise to
any cause, claim or action against Grantor, its officers, employees, elected officials,
independent contractors and/or agents, and any such reliance shall be at Grantee's sole
risk.
Further, Grantee agrees that Grantee and Grantee's heirs, successors, and assigns
shall not utilize any or all of the underground water, percolating water, artesian water,
and any other water from any and all depths and reservoirs, formations, depths and
horizons beneath the surface of the Property, now or in the future located in, on, or under
the Property (the "Groundwater") for any potable or drinking water purposes until such
time as the following requirements are met:
1. The Groundwater is fully and properly tested by a laboratory licensed and
certified to test drinking water standards and such tests conclusively demonstrate
that the Groundwater meets or exceeds all federal, state and local standards and
regulations relating to Drinking Water Quality; and
2. Grantee and Grantee's heirs, successors, and assigns have obtained the necessary
licenses and permits to serve as a public water supply provider in accordance with
the laws and regulations of the State of Texas.
Grantee further agrees that Grantee and Grantee's heirs, successors, and assigns
may utilize the Groundwater for irrigation purposes only if Grantee and Grantee's heirs,
successors, and assigns places appropriate signage warning against any and all potable
usage and consumption of the Groundwater. Such signage shall be in a form and content
Special Warranty Deed Page 5 of 8
as approved by Grantor and shall remain posted until such time the Groundwater meets
the standards and quality as stated above.
THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS",
"AS IS", AND "WITH ALL FAULTS" BASIS, REGARDING THE DESCRIPTION,
PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR
MATERIALS OR SUBSTANCES CONTAINED OR LOCATED IN, ON OR UNDER
THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE OR SUITABILITY,
MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the
condition, quality and extent of the property which comprise the Property it is receiving
pursuant to this Special Warranty Deed.
REPRESENTATIONS AND WARRANTIES OF GRANTEE:
Grantee expressly acknowledges that the Property has been historically utilized
for the land application of treated sewage effluent. As a result, certain contamination
may exist on, in or under the Property and the Property may not be suitable for all
purposes and uses. Grantee represents and warrants to Grantor that it has made a
thorough and complete independent inspection and evaluation of the Property and the
title to same and acknowledges that Grantor has made no statements or representations
concerning the present or future value of the Property, the state of title of the Property,
the condition, including the environmental condition of the Property, or the anticipated
income, costs, or profits, if any, to be derived from the Property.
Grantor, for the Consideration and subject to the Reservations from Conveyance
and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee
Special Warranty Deed Page 6 of 8
the Property, together with all and singular the rights and appurtenances thereto in any
way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and
assigns forever. Grantor binds Grantor and Grantor's successors to warrant and forever
defend all and singular the Property to Grantee and Grantee's heirs, successors, and
assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof when the claim is by, through, or under Grantor but not otherwise, except as
to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
EXECUTED THIS 8th day of July , 2010.
GRANTOR:
CITY OF LUBBOCK
TOM MARTIN, MAYOR
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on by TOM MARTIN, as Mayor
of the CITY OF LUBBOCK.
- --.- - - --- I
ELISA SANCHEZ
Notary Public, State of Texas
My Commission Expires 11-07.2011
''area°oa�ac
ATTE V:'/ "An,
,
Reb eca Garza, City Secretary
o,u
N +.
Notary Public in and for the State of Texas
My Commission Expires: )1- 0"1- ?•011
Special Warranty Deed Page 7 of 8
APPROVED AS TO CONTENT:
M,2,
Marsha Reed, P. E., Chief dperating Officer
Aubrey Spear,. E., Director of Water Utilities
APPROVED AS TO FORM:
Zi4
Amy L�Sims, As ity Attorney
GRANTEE:
LUBBOCK REGIONAL MENTAL HEALTH
MENTAL RETARDATION CENTER, an agency
of the State of Texas
By:
_ pj��
Name:
Title: C iy
STATE OF TEXAS
COUNTY OF LUBBOCK
This istTa("K-Ep'
ent was acknowledged before me on , 1-1 ) �, 2010, by
V, , as of the LUBBOCK
MENTAL HEALTH MENTAL RETARDATION C NTER, an agency of the State of
Texas.
�'�` ' �P CAMILLE D. WALKER
* !V' Notary mace oiTexas
My Carm�sion E>�ires 8.27-2012
S WDeed-Uti I ityEasement. Lubbock Regional MHMR6.3.10
v)KI ak '
Notary Public, State of TexaX.
My commission expires l
Special Warranty Deed Page 8 of 8
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SACENGINEERING
S SURVEYING
2737 81ST STREET LUBBOCK, TEXAS 79423 99
(806) 745-7670
"Count on it"
FIELD NOTES on a 1.630 Acre Tract out of Section 3, Block B, Lubbock County, Texas being
further described by metes and bounds as follows:
BEGINNING at a set 1/2" rod with cap marked RPLS 4460 in the East line of Section 3 for the
most Easterly Northeast corner of this tract from which a found rod with yellow cap in the South
line of East 19th Street and the East line of Section 3, having Texas North Central Zone
Coordinates of North:7272793.55, East:963270.26, bears N 010 48' 19" E, (Texas North Central
Zone Bearing Basis) 126.53 feet, said found rod and cap being called to bear S 0" 01' 22" W, 30
feet from the Northeast corner of Section 3;
THENCE S 01 048'19" W, along the East line of Section 3, in all 1775.38 feet to a found 3/8" iron
rod for the Southeast corner of this tract;
THENCE N 88013'15" W, along the North line of the City of Lubbock Park tract recorded in
Volume 1308, Page 129, Lubbock County Deed Records, 40.0 feet to a set 1/2" rod with orange
cap marked RPLS 4460 for the Southwest corner of this tract;
THENCE N 01 048'19" E, 1775.37 feet to the Northwest corner of this tract;
THENCE S 88013'44" E, 40 feet to the Place of Beginning and containing 1.630 Acres including
any Right ay.
Th4e notes are based on a survey made on the ground.
J. M. Cieszinski
RPLS # 4460
July 30, 2008
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
O�l�''=0F1�_p
Kelly Pinion, County Clerk
Lubbock County TEXAS
July
22, 2010 03:3PM
2010024501
$sz•007:05
FEE
EXHIBIT B